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Eviction
just wanted to get this somewhere i could refer to it. 2011-02-15 * I took posession of a rented room, paid a prorated rent for February and a deposit of $800. 2012-09-25 * I contacted the landlord's agent (Agent, from now on) about house chores and some tension between a housemate and I. I received no response about this issue. 2012-09-25 * Hot water heater breaks. * Agent receives many notices from the 7 people living here. * Agent sends email to update housemates the issue is known. 2012-09-26 * I attempted to re-light the pilot, without success, emailing Agent of my intention. * Agent was under the impression I was successful, because I mis-mailed my followup. * Several housemates confirm, by email thread, that hot water is still broken. * Landlord stops by to check on it. 2012-09-27 * Landlord claims issue will be fixed today. * Landlord claims 2 repairmen came to fix, couldn't fix, so they tried to fix it. * Agent informed us the issue would be resolved on Saturday (2012-09-29) 2012-09-28 * I discovered the hot water heater had been dis-assembled in the garage, with all the warning labels ignored. * I took photos of the botched repair attempts. * I sent an email to the landlord(s) and Agent, as well as housemates, including the photos and expressing my displeasure at their attempts to remedy the situation. * Agent emailed me directly and told me to address issues directly with them. * Agent threatened me about my previously admitted use of marijuana on the property. * I addressed Agent's concerns about my marijuana use, informing her I would stop smoking on the premises. * Agent replied, thanking me for respecting her wishes, told me I was a 'great tenant' (her words) 2012-09-29 * Hot water heater replaced and working again. 2012-09-30 * Agent contacts housemates, asking to leave rent checks in the usual spot. * I asked Agent if it would be alright if I paid $750, instead of $800, for the 5 days without hot water. * Agent replied telling me they do not pro-rate except in the event of moving in and moving out. * I replied, emphasizing I was only asking for $50 and that the law, through the repair and deduct remedy 'should' allow me to claim more, up to $133, 5 days rent. * Agent responded by giving me a 30 day notice to leave, via email, in retaliation for my request. * Agent also claimed 'recent differences' in addition to withholding rent as reason for notice. * I decided to take my rent check (made out for $750) from the drawer, until I could resolve the issue with my landlords. 2012-10-01 * Agent contacted me about my rent check not being in the drawer. * Agent told me I had 3 days to make payment, before incurring penalties for 'late rent'. * Agent told me I had 2 options; 1. not pay and be evicted, and have the rent taken out of my security deposit, 2. reduce my check to $667 and leave my rental property by the 25th of the month (prorated). 2012-10-04 * Agent emailed me to let me know I am 3 days delinquent in payment. * Agent says they will file a 3 day notice to quit, 'forfeiting' the 30 day grace period she 'allowed' me. * Agent told me a 60 day notice is only valid for non-month-to-month renting. * Agent stated if I am incapable of payment, I need to let them know, to avoid a $20 'late fee' * Agent threatened me with a sheriff escort and reporting me to credit bureaus. 2012-10-08 * I emailed my landlords explaining why I was withholding rent; repair and deduct remedy and because the premises were not fit for renting, due to a lack of hot water. * I offered another settlment; allow me to stay until 2013-01-01 rent free. * Informed landlords I felt unsafe in my home, because they were not acting rationally. * Indicated I would file a case against them for retaliatory eviction. * Later, I discovered it may not be valid to withhold rent after an issue has been resolved. * I capitulated, paying my rent, and sending landlord's an email. * Rent is collected, and I am paid in full. 2012-10-19 * Agent contacts me asking me when my move out date is, so they can schedule a walk through. * I responded, asking which move out date they were referring to. * Agent told me that the rental agreement allowed for either party to terminate the lease with a 30 day notice. There is NO such clause in the rental agreement. * Agent also indicated they are retaining legal counsel and that they will proceed with eviction procedures, 'if necessary.' 2012-10-22 * Unknown party contacted me, stating they represent my landlords * I asked the unknown party; 'Who exactly are you?' 2012-10-25 * Unknown party identifies themselves as legal counsel for my landlords. * Unknown party is apparently a lawyer from New York City. * Unknown party is not recognized by the California State Bar association. * Unknown party again requested I contact them by phone. * Unknown party indicated they were beginning legal proceedings against me. * I informed them I do not believe they are eligible to practice law in the state of California. * I asked for clarification of what legal proceeding they were referring to. * Unknown party again requested I contact them by phone. * I told them I am not interested in speaking without some sort of record of the conversation. 2012-10-30 * I put my $800 check for November rent in the usual collection location. 2012-11-01 * My landlord files an Unlawful Detainer against me. * Landlord attempted to enter my room at 08:15 PST, without my permission. * Contacted 'counsel' to advise her to inform her clients they are not allowed to enter my room without my explicit permission. * 'Counsel' advised me that since the Unlawful Detainer has been filed against me, I do not have the right to privacy or to defend myself in my home. * I informed 'counsel' that an Unlawful Detainer does not allow a landlord access to the property. * I contacted a lawyer. * Attorney provided me with paperwork to respond to the UD. * My friend mailed the answer to my landlord's UD to my landlord; as the law requires a 3rd party. * Landlord had someone serve me a second copy of the UD 2012-11-02 * Filed my answer to the unlawful detainer with the Superior Court. 2012-11-06 * Retrieved my un-collected rent check from the drawer; Landlord refused payment for month of November. 2012-11-15 * Received my court date from Santa Clara County Superior Court 2012-11-30 * Judge ruled in favor of the defendant; my landlord did not follow the proper procedure. 2012-12-01 * Agent emailed me indicating I need to pay rent for November and December. * Agent told me that they will file a new 30 day notice (still not legal, has to be a 60 day notice) * Agent indicated they want me to re-sign a lease with a provision for a 14 day 'notice to quit' for any reason, by either party.